When is a Landlord in breach of his duties to repair a property if the tenant in possession of the property has not informed him of the disrepair? Alison Kinder, a partner at Oglethorpe Sturton & Gillibrand said, “The case of Edwards v Kumarasamy

[2015] is an important clarification of the rights and duties of tenants”.

In the case in question, the landlord, who held a long lease of a flat in the block, sublet it to the tenant. The sub tenancy included the right for the tenant to use any communal parts, paths and drives in the block of flats. The tenant alleged that he had been taking rubbish from his flat to the communal dustbins when he tripped on an uneven paving stone on the pathway leading from the main door of the block to the parking area and, as a result, had suffered an injury to his right hand and his right knee.  The tenant was suing the landlord for damages.  The landlord had, however, been unaware of the uneven paving stone before the accident occurred.

The court ruled that the landlord’s liability to repair a property could only start from the point where he was made aware of the problem and that the tenant was the appropriate person to make him aware. As such the landlord was not liable for the tenant’s injuries and the tenant’s claim failed.

If you would like assistance in in respect of either landlord or tenancy issues, call our property team on 01524 846846 for further information.

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